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(영문) 부산지방법원 2019.07.26 2018나58790
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a company that operates and manages the “E” in leisure D (hereinafter “instant golf course”), and the Plaintiffs are customers who visited the instant golf course.

B. On April 16, 2017, at around 08:40, the Plaintiffs: (a) and (b) were waiting to start a golf game at the center square of the instant golf course; (c) Plaintiff B and F were on board the golf course as stipulated in No. 3 (hereinafter “the instant golf course”); and (d) Plaintiff A were on board the golf course as stipulated in No. 74, respectively, operated by G, a sports assistant (hereinafter “gld”).

C. During the waiting for the plaintiffs to board each golf car like the preceding paragraph, the golf car of this case was generated by the plaintiff Eul and F, and the golf car No. 74 on the plaintiff Gap was on board twice, and there was an accident that the plaintiff Gap started to go beyond the stone boundary stone stone located in the front bank and turned to a chemical base.

(hereinafter “instant accident”). D.

As a result of the instant accident, Plaintiff A suffered bodily injury, such as salt, tension, etc., of the climatic tensions requiring three weeks of medical treatment, and Plaintiff B suffered bodily injury, such as the satum satum dump, which requires three week medical treatment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant golf car occurred due to sudden acceleration without any justifiable reason, and the Defendant is liable to compensate the Plaintiffs for the damages incurred by the said golf car itself due to the defect or malfunction of the said golf car as the owner of the said golf car. Even though the instant accident was not caused by the defect or malfunction of the instant golf car, the Defendant bears the duty of safety consideration in light of the good faith principle to prevent the occurrence of the accident against the customers who entered into the instant golf course use contract as the operator of the instant golf course. The Defendant thoroughly arranges the safe operation and management of the golf car.

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